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2.
caused under Article 283 of the Labor Code. But it is also possible that
such may be a scheme to camouflage the real intention of discriminating
against union members. In any case, these matters will be best ventilated
in a hearing before the Labor Arbiter. The complaint alleges facts
sufficient to constitute a bona fide case of ULP, cognizable by the Labor
Arbiter. This is consistent with the rule that jurisdiction over the subject
matter is determined by the allegations of the complaint.
APPEARANCES OF COUNSEL
Roco Guag Kapunan Migallos & Jardeleza for petitioners.
The Solicitor General for public respondent.
Potenciano A. Flores, Jr. for private respondents.
DECISION
HERMOSISIMA, JR., J.:
In the herein petition for certiorari under Rule 65, petitioners question the
jurisdiction of the Labor Arbiter to hear a complaint for unfair labor practice,
illegal dismissal, and damages, notwithstanding the provision for grievance
and arbitration in the Collective Bargaining Agreement.
Let us unfurl the facts.
Private respondents, employed by petitioner San Miguel Corporation
(SMC) as mechanics, machinists, and carpenters, were and still are, bona
fide officers and members of private respondent Ilaw at Buklod ng
Manggagawa.
On or about July 31, 1990, private respondents were served a
Memorandum from petitioner Angel G. Roa, Vice-President and Manager of
SMCs Business Logistics Division (BLD), to the effect that they had to be
seperated from the service effective October 31, 1990 on the ground of
redundancy or excesss personnel. Respondent union, in behalf of private
respondents, opposed the intended dismissal and asked for a dialogue with
management.
Accordingly, a series of dialogues were held between petitioners and
private respondents. Even before the conclusion of said dialogues, the
aforesaid petitioner Angel Roa issued another Memorandum on October 1,
1990 informing private respondents that they would be dismissed from work
effective as of the close of business hours on November 2, 1990. Private
respondents were in fact purged on the date aforesaid.
union members and the unfair labor practice should first be settled by
arbitration, and not directly by the labor arbiter, following the above provision
of the CBA, which ought to be treated as the law between the parties thereto.
The argument is unmeritorious. The law in point is Article 217 (a) of the
Labor Code. It is elementary that this law is deemed written into the CBA. In
fact, the law speaks in plain and unambiguous terms that termination
disputes, together with unfair labor practices, are matters falling under the
original and exclusive jurisdiction of the Labor Arbiter, to wit:
Article 217. Jurisdiction of Labor Arbiters and the Commission - (a) Except as
otherwise provided under this Code, the Labor Arbiters shall have original and
exclusive jurisdiction to hear and decide x x x the following cases involving all
workers, whether agricultural or non-agricultural:
(1) Unfair labor practice cases:
(2) Termination disputes;
x x x
xxx
x x x.
The sole exception to the above rule can be found under Article 262 of the
same Code, which provides:
Aricle 262. Jurisdiction over other labor disputes - The voluntary arbitrator or panel
of voluntary arbitrators, upon agreement of the parties, shall also hear and decide all
other labor disputes including unfair labor practices and bargaining deadlocks. (As
added by R.A. 6715)
We subjected the records of this case, particularly the CBA, to meticulous
scrutiny and we find no agreement between SMC and the respondent union
that would state in unequivocal language that petitioners and the respondent
union conform to the submission of termination disputes and unfair labor
practices to voluntary arbitration. Section 1, Article V of the CBA, cited by the
herein petitioners, certainly does not provide so. Hence, consistent with the
general rule under Article 217 (a) of the Labor Code, the Labor Arbiter
properly has jurisdiction over the complaint filed by the respondent union on
February 25, 1991 for illegal dismissal and unfair labor practice.
Petitioners point however to Section 2, Article III of the CBA, under the
heading Job Security, to show that the dispute is a proper subject of the
grievance procedure, viz:
x x x The UNION, however, shall have the right to seek reconsideration of any
discharge, lay-off or disciplinary action, and such requests for reconsideration shall be
considered a dispute or grievance to be dealt with in accordance with the procedure
outlined in Article IV hereof [on Grievance Machinery] x x x (Emphasis ours)
[3]
xxx
xxx
23. The dismissal or lock-out from work of the individual complainants clearly
constitutes an act of unfair labor practices in the light of the fact that the work being
performed by the individual complainants are being contracted out by the respondent
company, and, therefore, deprives individual complainants of their right to work and it
constitutes a criminal violation of existing laws.
xxx
xxx
xxx
Short of pre-empting the proceedings before the Labor Arbiter, the above
complaint, makes Out a genuine case for ULP.
In Manila Pencil Co. v. CIR, This Court had occasion to observe that even
where business conditions justified a lay-off of employees, unfair labor
practices were committed in the form of discriminatory dismissal where only
unionists were permanently dismissed. This was despite the valid excuse
given by the Manila Pencil Company that the dismissal of the employees was
due to the reduction of the companys dollar allocations for importation and
that both union members and non-union members were laid-off. The Court,
thru Justice Makalintal, rebuffed the petitioner Company and said:
[8]
x x x The explanation, however, does not by any means account for the permanent
dismissal of five of the unionists, where it does not appear that non-unionists were
similarly dismissed.
xxx
xxx
xxx
And the discrimination shown by the Company strongly is confirmed by the fact that
during the period from October 1958 to August 17, 1959 it hired from fifteen to
twenty new employees and ten apprentices. It says these employees were for its new
lead factory, but is (sic) not shown that the five who had been permanently dismissed
were not suitable for work in that new factory.
A similar ruling was made by this Court in Peoples Bank and Trust
Co. v. Peoples Bank and Trust Co. Employees Union involving the lay-off by
a bank of sixty-five (65) employees who were active union members allegedly
by reason of retrechment. The Court likewise found the employer in that case
to have committed ULP in effecting the discharges.
[9]
Under the circumstances obtaining in this case, We are inclined to believe that the
company had indeed been discriminatory in selecting the employees who were to be
retrenched. All of the retrenched employees are officers and members of the
NAFLU. The record of the case is bereft of any satisfactory explanation from the
Company regarding this situation. As such, the action taken by the firm becomes
highly suspect. It leads Us to conclude that the firm had been discriminating
against membership in the NAFLU, an act which amounts to interference in the
employees exercise of their right of self-organization. Under Art. 249 (now Art.
248) of the Labor Code of the Philippines, such interference is considered an act of
unfair labor practice on the part of the Company x x x. (Emphasis ours)
It matters not that the cause of termination in the above cited cases was
retrenchment while that in the instant case was redundancy. The important
fact is that in all of these cases, including the one at bar, all of the dismissed
employees were officers and members of their respective unions, and their
employers failed to give a satisfactory explanation as to why this group of
employees was singled out.
It may be the case that employees other than union members may have
been terminated also by petitioner SMC on account of its redundancy
program. If that is true, the discharges may really be for a bona fide
authorized cause under Article 283 of the Labor Code. On the other hand, it
is also possible that such may only be a clever scheme of the petitioner
company to camouflage its real intention of discriminating against union
members particularly the private respondents. In any case, these matters will
be best ventilated in a hearing before the Labor Arbiter.
[11]
It is for the above reason that we cannot hold the petitioners guilty of the
ULP charge. This will be the task of the Labor Arbiter. We however find that
based on the cicumstances surrounding this case and settled jurisprudence
on the subject, the complaint filed by the private respondents on
February 25, 1991 alleges facts sufficient to costitute a bona fide case of ULP,
and therefore properly cognizable by the Labor Arbiter under Article 2 17(a) of
the Labor Code. This is consistent with the rule that jurisdictioin over the
subject matter is determined by the allegations of the complaint.
[12]
Finally, petitioners try to impress on this Court the strong State policy on
the promotion of voluntary modes of settlement of labor disputes crafted in the
Constitution and the Labor Code which dictate the submission of the CBA
dispute to grievance and arbitration.
[13]
In the same manner, petitioners cannot arrogate into the powers of voluntary
arbitrators the original and exclusive jurisdiction of Labor Arbiters over unfair labor
practices, termination disputes, and claims for damages, in the absence of an express
agreement between the parties in order for Article 262 of the Labor Law to apply in
the case at bar.
[15]
[16]
WHEREFORE, the instant petition is DISMISSED for lack of merit and the
resolutions of the National Labor Relations Commission dated August 11,
1992 and October 29, 1992 are hereby AFFIRMED.
SO ORDERED